'Criminalization is never an answer': OK bill fining, incarcerating homeless people on state-owned land heads to Governor
OKLAHOMA CITY (KFOR) — A Senate bill criminalizing homeless people who refuse to leave state-owned land is now heading to the Governor's desk for a signature.
Senate Bill 1854 is authored by Senator Darrell Weaver (R-Moore) and Representative Chris Kannady (R-OKC).
The proposal states tents, shelters and bedding would not be allowed on any state-owned property including parks, highways and underpasses.
First-time violators would be issued a warning and offered assistance such as a drive to a nearby food pantry or homeless shelter.
If the individual refuses the offer or removal, they’ll either face a $50 fine, up to 15 days in jail, or both.
"Criminalization is never an answer," stated Taylor Self, Oklahoma City Homeless Alliance Chief Communications Officer. "It'll be harder for you to crawl out of that kind of situation."
Self said by criminalizing the homeless population, it will be counterproductive to getting those individuals help.
"They are unsheltered because they lack access to affordable housing, physical and mental health care, or adequate and humane emergency shelter. It's not because they want to be outside. That's strictly because there are not social supports in place that are giving them the support they need. When they experience criminalization like Senate Bill 1854, they get mixed up in the criminal justice system, which then creates even more barriers for them accessing affordable housing, which then I think just makes the problem even much larger," added Self.
The debate on SB1854 took over most of the House's Monday afternoon.
"I'm presenting something that has worked and will work. I'm all for resources, but... we have had a 30% increase in the [homeless] population. An increase in resources has helped, but it's not working," said Rep. Kannady.
Representative Forrest Bennett (D-OKC) fears without comprehensive resources, the proposal will "continue to saddle" taxpayers with the financial burden.
"I'm not for putting my name on legislation that I know isn't going to have the right effect," said Rep. Bennett.
Rep. Kannady explained the potential for a fine or incarceration is meant to "motivate people" not to make state-owned land their home.
With only House Democrats voting against the measure, it now heads to Governor Kevin Stitt's desk for a signature.
If it's signed into law, the proposal will go into effect this November.
The Ninth Circuit Court of Appeals rejected an en banc petition by the City of Boise in Martin v. Boise (formerly Bell v. Boise), leaving in place its September 2018 ruling that homeless persons cannot be punished for sleeping outside on public property in the absence of adequate alternatives.